The Texas Criminal Trespass law makes it a misdemeanor crime in Texas to enter or remain on or in someone else’s property if you were on notice that you were not supposed to be there.
For you to be convicted of Criminal Trespass in Texas, the law requires that you had notice that you were not supposed to be on the property. Sometimes, property owners issue this notice in the form of a criminal trespass warning. If you receive a criminal trespass warning, then you are on legal notice that you are not welcome on the property. However, there are numerous other ways to be put on notice that you are not legally allowed on a particular property.
Have you been charged with Criminal Trespass? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified the Criminal Trespass criminal offense in Texas Penal Code Section 30.05. The law was most recently updated in 2023 when the legislature added a penalty classification for Criminal Trespass offenses committed in the course of committing Human Smuggling under Section 20.05(a)(2). But the legislature has actually made changes to this law in every legislative session since 2001. The Criminal Trespass law is remarkably detailed, and the statute is quite long. There are several defenses to prosecution as well as exceptions to the law’s application.
The Texas Criminal Trespass law also includes trespass by carrying a firearm if the property owner has properly posted a firearms notice that firearms are prohibited on the premises. However, this firearms notice does not apply to licensed handgun owners who carry concealed or in a holster, as explained in more detail in the affirmative defense section below.
The Penal Code classifies the Texas Criminal Trespass law under Title 7 “Offense Against Property,” Chapter 30 “Burglary And Criminal Trespass.” Learn more about the Texas offense of Criminal Trespass below.
Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. He has also developed groundbreaking innovations in defense strategies and tactics.
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